Consumers may encounter various kinds of problems when ordering goods to have them delivered to their house.

One of these problems could be that the goods delivered do not match what was ordered. By law, traders are obliged to deliver goods that are as described and agreed with during the sale.

When this is not the case, consumers may request that the ‘wrong’ items are replaced with the goods matching the original agreement or, if this is not possible, consumers may cancel the contract of sale and request a refund.

In such situations, the cost of returning the ‘wrong’ goods to the trader must be paid by the latter. This is also the case if goods are ordered through a distance sale, such as online, by phone or mail order and the delivered goods do not match the description given by the trader in the contract of sale.

Delivered goods may also arrive with missing items. When this happens, it is the consumer’s responsibility to inform the trader straight away and ask to have the missing items without unnecessary delays. When such a solution is not possible, consumers may cancel the sale and claim back the money paid to the trader.

Delays in deliveries are another common problem consumers face. The Consumer Rights Regulations stipulate that unless otherwise agreed in the contract of sale, consumers must be supplied with the goods ordered within 30 days from the date of order.

When delivery does not take place within the specified time, consumers must write to the trader and request that delivery is made within a reasonable period of time. If this date is not adhered to by the trader, consumers may then opt to cancel the sale and request a refund of the deposit they paid.

When consumers agree on a specific delivery date, it is essential that the agreed date is stipulated in the contract of sale.

Another possible problem is that the goods ordered may be lost during delivery. If this happens, the trader is responsible for the lost items. In such situations, consumers should contact the trader and inform him that the goods were not received.

The trader is responsible for tracing what happened to the order. If the goods are not found, consumers should have them replaced or given a refund.

Goods sometimes get damaged during delivery. Consumers should check and examine carefully the delivered products. In case of any damages, these must be reported to the trader who sold the goods. The trader is responsible for the goods up until the time they are delivered to the consumer. If the trader is unable to replace the damaged goods, the consumer may cancel the order and request a money refund.

Consumers should examine the goods before signing any delivery note. Most sellers usually grant a period of time for inspection of goods. This deadline is usually written in the contract of sale.

While it is the consumer’s responsibility to observe this time period, the amount of time stipulated by the seller should be reasonable.

odette.vella@mccaa.org.mt

Odette Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.

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